Lane Cove Council v Moody [2002] NSWLEC 250

Lane Cove Council v Moody [2002] NSWLEC 250

Because the Defendant had only obtained new representation on the morning of the hearing, had lost the benefit of his previous solicitor shortly before trial, and required an opportunity to present evidence in defence of the charge, the listed hearing dates should be vacated. The Prosecutor's unopposed application for costs thrown away was reserved because the Court's power to make such an order in criminal proceedings required further consideration and was most appropriately dealt with after the trial.

Jurisdiction
Australia
Judgment Date
16 December 2002
Procedural Posture
Criminal Prosecution for Alleged Breach of a Tree Preservation Order / Defendant's Application to Adjourn and Vacate the Two Day Defended Hearing; Prosecutor's Application for Costs Thrown Away Reserved
Outcome
Hearing dates vacated; costs application reserved.
Legal Topics
['adjournment' 'vacation of Hearing Dates' 'costs Thrown Away' 'power to Award Costs in Criminal Proceedings' 'tree Preservation Order']
['practice and Procedure' 'criminal Procedure' 'environmental Law'] ['adjournment' 'vacation of Hearing Dates' 'costs Thrown Away' 'power to Award Costs in Criminal Proceedings' 'tree Preservation Order']

Case Brief

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Procedural Posture

Criminal Prosecution for Alleged Breach of a Tree Preservation Order / Defendant's Application to Adjourn and Vacate the Two Day Defended Hearing; Prosecutor's Application for Costs Thrown Away Reserved

Legal Issues

  1. 1 ["Whether the defended hearing should be adjourned and the listed hearing dates vacated because the Defendant's solicitor had only been instructed that morning and the Defendant wished to call evidence." 'Whether the Court had power to order costs thrown away by reason of the vacation of the hearing in criminal proceedings in the Land and Environment Court.']

Ratio Decidendi

Because the Defendant had only obtained new representation on the morning of the hearing, had lost the benefit of his previous solicitor shortly before trial, and required an opportunity to present evidence in defence of the charge, the listed hearing dates should be vacated. The Prosecutor's unopposed application for costs thrown away was reserved because the Court's power to make such an order in criminal proceedings required further consideration and was most appropriately dealt with after the trial.

Court Disposition

Hearing dates vacated; costs application reserved.

Orders

  • ['The hearing dates for the defended charge are vacated.' 'The parties have liberty to approach the Registrar to obtain a future fixture for the hearing of the case.' "The Prosecutor's application for costs thrown away by reason of the adjournment is reserved until the result at the trial." "Liberty to apply on...